Sethi Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14300 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Sethi Chaudhary son of Kunkun Chaudhary

2. Munna Chaudhary son of Kunkun Chaudhary

3. Kunkun Chaudhary son of Late Bira Chaudhary

4. Singriya Devi wife of Kunkun Chaudhary

5. Santra Devi daughter of Kunkun Chaudhary All residents of Mohalla : P.P.C.L. Colony, P.O. : Manikpur, P.S. : Indrapuri, District : Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Ambika Bhagat (Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Sections 323, 354 and other sections of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. The informant alleged that she wanted to take a tractor loaded with bricks and when she requested the accused persons to stop the flow of water for some time so that the tractor could pass, all the accused persons entered into her house and assaulted her causing injury on her head. It is submitted that the allegation is false and concocted. The informant wanted to take water from the field of the petitioners and, for that, some altercations took place. The petitioners lodged Dehri (Indrapuri)

Patna High Court Cr.Misc. No.14300 of 2015 (2) dt.08-05-2015 2/2 P.S. Case No. 55/15 against the informant and others. The case of the petitioners is earlier in point of time. The occurrence took place inside the house. On the face of it, no offence under Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act is made out. Sri Ambika Bhagat, learned Spl. P.P., however, vehemently opposed the prayer for anticipatory bail. Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender in the court below within four weeks from today, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, District - Rohtas in Dehri (Indrapuri) P.S. Case No. 56 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) Dilip/- U T